“Here at last is Kimball’s ruling on the parties motions
involving the contract claims and the kitchen sink motion SCO threw
on top. SCO’s Motion to Dismiss or Stay Count 10 of IBM’s 2nd
Amended Counterclaims is denied. Period. Their 56(f) Motion is
moot. But IBM did better. Here’s the list of motions that were
denied without prejudice, meaning they can renew or refile when
discovery is complete, which I am sure they will:
- “Motion for Partial Summary Judgment on Claim for
Declaratory Judgment of Non-Infringement- “Motion for Partial Summary Judgment on SCO’s Breach of
Contract Claims- “Motion for Partial Summary Judgment on its Eighth Counterclaim
for Copyright Infringement…”